Court Says Owner Must Pay Maintenance Fees But Has Claim for Damages against Homeowners Association

New Jersey Appellate Court decision (June 6, 2017)

This case involved a dispute between a homeowners association (“Association”) and an individual condominium owner /member of Association (“Owner”) over Owner’s refusal to pay monthly assessments because of a dispute over the lack of maintenance being performed by Association.

Specifically, Owner took issue with Association over the growth of roots in the front and back yards of his unit, the manner in which the grass was being cut, and a failure to power wash mildew from the exterior of the roof. Owner further contended that, in retaliation for Owner’s non-payment of his assessments, Association purposefully did not provide, treat and remove snow and ice from his driveway and walkway in the manner it did for other unit owners.

Association initiated the court action seeking unpaid maintenance fees, late fees, and attorney fees based on Owner’s breach of Association’s governing documents. Owner then filed a counterclaim against Association seeking damages for Association’s failure to provide the services and maintenance required under the governing documents. The trial court found in favor of Association and awarded Association a judgment for the unpaid assessments plus attorney fees. The trial court also dismissed Owner’s counterclaim against Association. Thereafter, Owner appealed the trial court’s judgment.